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Judge denies Top Dollar Pawn defendant’s request to have guilty plea withdrawn

An El Paso County judge on Tuesday denied a request from one of the Top Dollar Pawn defendants to have his guilty plea revoked.

Walt Mauro, 34, is one of four owners of local pawnshop Top Dollar Pawn who were arrested in what was described by investigators at the time as a million dollar fraud scheme to buy products stolen from local retail stores.

Mauro appeared in court last month on the day of his sentencing with a request to withdraw his guilty plea and to have his attorney, David Miller, removed due to a conflict.

Due to the sudden request from Mauro his sentencing hearing was postponed to June, and a conflict hearing was held to determine if there was cause to remove Miller as Mauro’s attorney. The conflict hearing was sealed to the public, but Mauro appeared to court with a new attorney, Cindy Hyatt, on Tuesday afternoon.

The defendants were accused of laundering money over four years at Top Dollar Pawn locations in Colorado Springs and Pueblo, a scheme investigators say resulted in the transfer of more than $1.3 million in stolen goods.

Court records obtained by The Gazette allege Top Dollar Pawn employees knowingly accepted stolen goods still in packaging from “boosters” and would sell those items in their stores or on eBay at a profit.

Boosters steal merchandise, usually from retail outlets. They often work in concert with others as part of a “booster crew.”

Colorado law requires that pawnbrokers must be given a receipt of purchase on all items still considered new and in packaging to confirm that these items were not stolen.

Pawnbrokers also are required to keep an electronic record of these items and the identification of the seller. Records allege that Top Dollar Pawn ignored both requirements.

On Tuesday Judge David Gilbert was tasked with ruling on the defense motion to have Mauro’s plea withdrawn and instead enter not guilty pleas and set for trial.

Gilbert debunked Mauro’s claim from May that the plea deal was initially accepted because the prosecution would dismiss the case against his wife, Daria Mauro, who was one of the four people initially charged.

After speaking with the prosecution and reviewing the case further, Gilbert said that an independent decision was made by prosecutors to dismiss Daria Mauro’s case and that Walt Mauro’s plea was not factored into the decision.

Gilbert went on to say that Daria Mauro was “clearly” the least involved defendant of the four charged, and that was why her case was eventually dismissed.

As Gilbert spoke he made it clear that when Mauro initially entered into the plea agreement in February he told the court he understood what he was agreeing to, and that there is a “significant” amount of evidence implicating Mauro.

“It would not be fair or just for the court to lift this agreement,” Gilbert said while informing Mauro he was rejecting the motion to withdraw his plea. “There is no good cause or good reason for it.”

The terms of the plea agreement allow for a maximum of five years in the Department of Corrections, according to Gilbert.

After denying the motion to withdraw Mauro’s plea Hyatt requested a two-week set over for sentencing to allow for the defense to notify family and friends who wished to speak at the hearing.

Mauro will return to court on June 18 for sentencing. Jack Jargowsky — one of the other co-defendants in the case who has pleaded not guilty to all charges — will also appear in court on June 18 for a disposition hearing.

Court records show that Mischa Jargowsky, the third and final defendant, was found guilty of three counts of money laundering and one count of pattern of racketeering, and was sentenced to eight years of community corrections. However, in a hearing last month, her sentence was postponed by Gilbert because of a continuing appeal.

Mischa Jargowsky is scheduled to appear in court on Sept. 10 for a review hearing.

Walt Mauro remains out of custody on a $50,000 surety bond. Daria Mauro’s case remains dismissed.

The Top Dollar Pawn location at North Academy Boulevard. (ZacharyDupontReporterzachary.dupont@gazettedev.gazette.comhttps://secure.gravatar.com/avatar/992935abbf29872a65de8dccb746663c?s=100&d=mm&r=g)
The Top Dollar Pawn location at North Academy Boulevard. (ZacharyDupontReporterzachary.dupont@gazettedev.gazette.comhttps://secure.gravatar.com/avatar/992935abbf29872a65de8dccb746663c?s=100&d=mm&r=g)
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